A Blog for the Informed Writer by Donna Ballman, Award-Winning Author of The Writer's Guide to the Courtroom: Let's Quill All the Lawyers

Have a question about how to use the law in your story? Need a character, plot twist or setting? Ask me in the comments section and I'll be glad to answer. I welcome all comments and questions.

Monday, January 21, 2013

666 Park Avenue Starts With An Employment Law Lesson

The new television show, 666 Park Avenue, is a fun show about a luxury apartment building that has issues way beyond the normal plumbing problems. And the landlord? Well, as the Church Lady used to say on SNL, "Could it be Satan?" I think I had that landlord once.

The first show starts out with our hero couple finding the ideal job as managers of the building from hell. It all looks so nice, the tenants so happy. The new boss offers them more money than they imagined and a gorgeous apartment. He shoves a lengthy agreement in front of them. What's the worst that could happen?

Of course, our heroes sign without reading. And there's the big lesson for all employees: read what you sign. Your could be making a deal with the devil.

What could be in the agreement in this show makes me shudder to think. I'm sure we'll find out some of the worst provisions as the show progresses.

What could be in your employment agreement? There could be a noncompete provision saying you can't work for a competitor for a year or two. Or a nonsolicitation agreement, saying you can't solicit or communicate with clients, vendors and employees of the company for a year or two. I saw one that was so broad, my client couldn't talk to her bank about her own bank account if she signed. One would have barred my client from talking to his son for three years. You might have waived your right to a jury trial for any disputes against your employer, or have agreed to arbitrate, meaning you'll never get your day in court.

For writers, horror of horrors, there could be an intellectual property agreement saying that, if you thought of it or wrote it while you worked for them, even on their own time, they own it. That's right. Your blog, Twitter account, novel or nonfiction book about the workings of your industry might not be your own.

While you enjoy this fun new show, let it serve as a reminder to you: no matter how nice someone seems, read what you sign. You just might be making a deal with the devil.

2 comments:

Hi - not sure if this is the right place to ask this, but I'd love some feedback around this scenario - An underage girl suffering from amnesia after a motor car accident. A powerful lawyer father, removing her from hospital before doctors realize she's suffered memory loss. Father uses the memory loss to get the daughter to confess to being raped. The alleged rapist (who is innocent) is arrested and convicted based nothing more than the girl's statement.

What are the odds of something like this happening in real life, and can the law be so weak to allow something like this to happen?

Hi Jen3. Anything is possible in the judicial system. If he had a lawyer who was overwhelmed and unprepared, it's definitely possible. What's more likely is he would be pressured into taking a plea based on the girl's testimony. He could be convinced he had little chance because they didn't disclose the memory loss. That could put your guy in jail without a trial, and since he pled guilty he could have an uphill battle getting back out.

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About Me

Donna Ballman’s book, Stand
Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit,
Get Axed or Sue the Bastards,was named the Winner of the Law
Category of the 2012 USA Best Books
Awards and is currently available for purchase. She
is the
award-winning author of The Writer’s Guide to the Courtroom: Let’s Quill All
the Lawyers, a book geared toward informing novelists and screenwriters
about the ins and outs of the civil justice system. She’s been
practicing employment law, including negotiating severance agreements and
litigating discrimination, sexual harassment, noncompete agreements, and
employment law issues in Florida since 1986. Her blog on employee-side
employment law issues, Screw
You Guys, I’m Going Home, was named one of the 2011 and 2012 ABA Blawg
100 best legal blogs and the 2011 Lexis/Nexis Top 25 Labor and Employment Law
Blogs.

She writes a weekly column for AOL Jobs and has written for The Huffington
Post on employment law issues, and has been an invited guest blogger for
Monster.com and Ask A Manager. She has over 6000 followers on Twitter as
@EmployeeAtty. She has taught continuing legal education classes for lawyers
and accountants through organizations such as the National Employment Lawyers
Association, Sterling Education Services, Lorman Education Services, Alison
Seminars, the Florida Association for Women Lawyers, and community
organizations. Ms. Ballman has published articles on employment law
topics such as severance, non-compete agreements, discrimination, sexual
harassment, and avoiding litigation. She’s been interviewed by MSNBC, Forbes, the
Wall Street Journal, Lifetime Television Network, the Daily Business Review,
and many other media outlets on employment law issues. She was featured on the
Forbes Channel’s “America’s Most Influential Women” program on the topic of
severance negotiations and non-compete agreements.